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1. Because it is to send a friend home, it does not belong to the act of working for the company and performing duties, and it has nothing to do with the company, and the company is not liable for compensation. It should be borne by the driver. However, there are slight differences in local courts, and some courts can award joint compensation to the company on the grounds of mismanagement of the company.
2. Because the supervisor is driving the vehicle, the traffic team has determined that the driver bears full responsibility, so the driver should be liable for compensation. The owner of the car is also the company, and the responsibility of the owner is above.
3. The passenger's compensation shall be determined according to the consequences caused, the actual loss, whether the passenger is disabled, etc., and if the negotiation with the driver fails, the passenger can sue.
Depending on the situation, the injured person may request medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, necessary nutrition expenses, etc.
If the disability can also claim compensation for disability compensation, disability assistive devices, living expenses of dependents, as well as necessary expenses, nursing expenses, follow-up expenses, mental loss expenses actually incurred due to nursing care and continuation, the compensation obligor shall also compensate for it.
The specific amount is calculated based on the actual bills and evidence, income, lost work time, disability level, household registration, local statistics, living standards, etc.
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The driver of the vehicle is responsible, and if the supervisor is unable to compensate, it is up to the owner to compensate.
The owner of the car belonged to the supervisor's company, which refused to pay any compensation to the person concerned and the other two injured on the grounds that the supervisor had taken the car for driving without his colleagues. This is patently wrong. How could a supervisor have the opportunity to drive a vehicle without the company's permission?
Unless the supervisor is stealing the vehicle, the other companies have some responsibility.
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Legal analysis: The circumstances in which the owner bears the responsibility for traffic accidents are as follows: 1. Responsibility:
In the case where the driver is the owner, the driver's responsibility is the owner's own responsibility. 2. Employer's liability: If the driver is engaged in employment activities and a traffic accident occurs, the liability between the driver and the owner shall be determined in accordance with the regulations.
Article 1209 of the Civil Code of the People's Republic of China provides that if the owner, manager and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the damage caused by a traffic accident is the responsibility of one party to the motor vehicle, the user of the motor vehicle shall be liable for compensation; If the owner and manager of the motor vehicle are at fault for the occurrence of the damage, they shall bear the corresponding liability for compensation.
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Traffic accident liability is divided as follows:
1. After a traffic accident occurs, the liability of the parties shall be determined according to the role of the parties' actions in the occurrence of the road traffic accident and the severity of the fault.
2. If a road traffic accident is caused by the fault of one of the parties, the party shall bear full responsibility.
3. If a road traffic accident occurs due to the fault of two or more parties, the primary responsibility, equal responsibility and secondary responsibility shall be borne respectively according to the effect of their actions on the accident and the severity of the fault.
4. None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.
5. If one party intentionally causes a road traffic accident, the other party is not liable.
The procedures for handling the scene of a traffic accident are as follows:
1. Stop immediately to avoid danger and blindness. After an accident, stop the car immediately, turn on the hazard warning flashers immediately, and turn on the warning lights and rear position lights if it is night.
2. Check the scene and take photos for evidence. Check the scene of the accident to see if there is damage to the vehicle, personnel**.
3. Accident alarm, insurance report. If the accident is more serious and cannot be dealt with by yourself, such as: there are personnel **, the cause of the accident is complex, the responsibility is disputed by both parties, or other circumstances that it is necessary for the traffic police to deal with it, you should call 122 traffic police as soon as possible, and report to the insurance company at the same time.
4. Evacuate the scene to ensure safety. In the event of a traffic accident, in order to ensure the safety of road traffic, ensure the normal travel of vehicles, and the accident vehicle can move safely, the parties concerned can move the vehicle to a place that does not obstruct traffic and wait for processing after calling the police and retaining relevant evidence for taking pictures of the scene or marking the parking location.
To sum up, there are a lot of traffic accidents in China, and large and small traffic accidents occur every day, and when dealing with traffic accidents, it is necessary to divide the responsibility for traffic accidents and determine the person responsible for the accident.
Legal basis]:
Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents.
The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault.
1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;
2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;
3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, neither party is liable.
If one party intentionally causes a road traffic accident, the other party is not liable.
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In a traffic accident, if the owner of the vehicle is the driver of the accident vehicle at the time of the traffic accident, the owner shall bear the corresponding civil liability and criminal liability. If the driver is involved in a traffic accident while engaging in employment activities, he or she shall bear the corresponding responsibility according to the actual situation.
Legal basis]:
Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the parties' actions in the occurrence of road traffic accidents and the severity of their faults. (1) Where a road traffic accident is caused by the fault of one party as an uproar, it bears full responsibility; (2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the degree of serious indiscriminate source of the fault; (3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, neither party is liable. If one party intentionally causes a road traffic accident, the other party is not liable.
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The circumstances in which the owner bears the responsibility for the traffic accident are as follows: 1. Own responsibility: In the case that the driver is the owner, the driver's responsibility is the owner's own responsibility.
2. Employer's liability: If a traffic accident occurs while the driver is engaged in several levels of employment activities, the liability between the driver and the owner shall be determined in accordance with the regulations. 3. Joint and several liability:
In the case that the vehicle has a safety hidden bridge or the owner is at fault, the owner and the vehicle user constitute joint infringement, and the liability of the vehicle owner shall be determined in accordance with the regulations. Article 1209 of the Civil Code of the People's Republic of China Where the owner, manager and user of a motor vehicle are not the same person due to leasing or borrowing, etc., and the damage caused by a traffic accident is the responsibility of one of the parties to the motor vehicle, the user of the motor vehicle shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.
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The traffic police department, of course.
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There is also a percentage of secondary liability, whether it is 1% or 49% is secondary responsibility, and 50% is equal responsibility. The compensation items and calculation methods are shown below**.